Congress and NSDC Focus on Bills to Mitigate Wildfire Disaster

Cole Arreola-Karr, Federal Advocacy Director, National Special Districts Coalition

The 118th Congress finally organized and fully seated its committees in early February – a notable delay – due to a myriad of political considerations that prevented legislative business from moving forward in “normal” fashion. As focus turned to early legislative work for the Congress, a trend emerged of bills introduced to address the increasing threat of wildfire in communities across California and the nation.

Wildfire is directly and indirectly consequential to special districts of all types in different geographies. Many special districts provide essential services in communities prone to wildland fires, operating in the wildland-urban interface (WUI) and in rural areas. Further, water and irrigation districts sourcing water from fire-impacted watersheds are impacted due to contaminants and soil erosion these events create – a general concern for resource conservation.

Understanding this, the National Special Districts Coalition (NSDC) is focused on advancing policies that provide federal land management agencies the tools necessary for disaster mitigation and response. The Coalition also generally supports legislation to advance the ability for fire protection districts and other firefighting agencies to protect the communities they serve. Despite a plentiful winter, it is important to keep these priorities at the forefront as catastrophic, year-round wildfire risk remains a worrying phenomenon resulting from a range of climate impacts, forest management issues, and utility infrastructure failures.

Matching Congress’ focus on this hot topic, NSDC has taken support positions on three early legislative initiatives and encourages special districts’ advocacy on these measures – including one which would solidify the ability for fire protection agencies to continue using fire retardant to combat wildfires.

First, and of imminent note – the bipartisan Forest Protection and Wildland Firefighter Safety Act of 2023 would codify a Clean Water Act permit exemption for “the discharge of fire retardant in connection with fire suppression, control, or prevention activities” during wildfire. Currently, the exemption is assumed based on Environmental Protection Agency (EPA) communication dating back to 1993. The exemption would apply to federal land management agencies, state governments, political subdivisions of a state, or tribal governments.

Congressman Doug LaMalfa, R-Calif., and Senator Cynthia Lummis, R-Wyo., introduced companion bills – H.R. 1586 and S. 796, respectively – in late March amidst the concern that a federal judge could issue an injunction on the use of fire retardant as a result from a pending lawsuit in a Montana court, citing the continued use of the retardant without a National Pollutant Discharge Elimination System permit would be violating the landmark federal water quality law. Should an injunction take effect, fire retardants would not be allowed for use in fighting wildland fires.

NSDC supports the Forest Protection and Wildland Firefighter Safety Act as it aims to protect public firefighting agencies’ ability to fight wildfire from the air – an effective use of resources to protect life and property. Continued, unhindered use of fire retardant for wildfire suppression when public health and safety is threatened is vital for community protection against wildfire. Considering the EPA’s clearance for its use and the U.S. Forest Services’ phase out of previously used chemicals, fire retardant is also an essential tool to defend critical facilities and structures as an element of environmental mitigation against deeper impacts to water quality and watersheds. Special districts provide various types of essential services in communities that are at risk of wildfire. Those, and other supporting districts, are invited to engage in NSDC’s advocacy on this legislation.

Of further note, Senator Dianne Feinstein, D-Calif., introduced in late January the bipartisan Community Wildfire Protection Act to expand eligibility for fire mitigation programs. Numbered S. 21, the legislation would re-define “at-risk community,” as defined in the Healthy Forests Restoration Act of 2003, to remove the requirement that a community be located within or adjacent to federal land in order to be eligible for hazardous fuels reduction funding. Many special districts stand to benefit from the definition’s amendment, as many provide services in rural, forested locations from coast to coast that tend to be more at-risk of wildfire. NSDC supports this legislation as a much-needed policy shift to adequately reflect the pervasiveness of special districts serving high fire-risk communities regardless of proximity to federal land. Also earning NSDC support is Congressman Joe Neguse, D-Colo., the Western Wildfire Support Act. The bill numbered H.R. 482 would expedite the U.S. Departments of Agriculture (USDA) and Interior (DOI) deployment of wildfire detection equipment that is essential for rapid response and readiness for at-risk communities. The bill examines local and federal approaches to bolster fire response, authorizing a program to train community members to provide support roles for wildfire response while also requiring the U.S. Forest Service to establish spatial fire management plans by September 30, 2026. Further, the U.S. Department of the Treasury would establish accounts for each USDA and DOI to use only for related fire expenditures. Special districts predominately in the Western U.S. near federal forests, national parks, national monuments, or federal recreation areas would benefit from these policy changes.

CSDA Members interested in tracking federal issues impacting special districts are invited to stay tuned to CSDA’s Advocacy News Blog and weekly e-News for more news and information on how to get involved. Please contact Cole Arreola-Karr, NSDC Federal Advocacy Director, for more information at colek@nationalspecialdistricts.org.